410 IAC 7-26-135 Demonstration of knowledge

Sec. 135. (a) Based on the risks of foodborne illness or injury inherent to a food operation, during inspections, the person in charge shall demonstrate to the regulatory authority knowledge of foodborne disease prevention, application of the HACCP principles, and the requirements of this rule. The person in charge shall demonstrate this knowledge by either of the following: (1) Having a certified food protection manager who has shown proficiency of required information through a certificate as defined by IC 16-42-5.2-3.7. (2) If a retail food establishment is exempt from IC 16-42-5.2, the demonstration of knowledge shall be met by: (A) compliance with this rule by having no violations of priority items during the current inspection; or (B) responding correctly to the inspector's questions as they relate to the specific food operation. The areas of knowledge include the following: (i) Describing the relationship between the prevention of foodborne disease and personal hygiene of a food employee. (ii) Explaining the responsibility of the person in charge for preventing transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease. (iii) Describing the symptoms associated with the diseases that are transmissible through food. (iv) Explaining the significance of the relationship between maintaining the time and temperature of TCS food and the prevention of foodborne illness. (v) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish. (vi) Stating the required food temperatures and times for safe cooking of TCS food, including meat, poultry, eggs, and fish. (vii) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of TCS food. (viii) Describing the relationship between the prevention of foodborne illness and the management and control of: (AA) cross-contamination; (BB) hand contact with ready-to-eat foods; (CC) hand washing; and (DD) maintaining the retail food establishment in a clean condition and in good repair. (ix) Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction. (x) Explaining the relationship between food safety and providing equipment that is as follows: (AA) Sufficient in number and capacity. (BB) Properly designed, constructed, located, installed, operated, maintained, and cleaned. (xi) Explaining correct procedures for cleaning and sanitizing utensils and food contact surfaces of equipment. (xii) Identifying the source of water used and measures taken to ensure that it remains protected from contamination, such as providing protection from backflow and precluding the creation of cross-connections. (xiii) Identifying poisonous or toxic materials in the retail food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of under this rule. (xiv) Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness, and explaining the steps taken to ensure these points are controlled under the requirements of this rule. (xv) Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by law, this rule, or an agreement between the regulatory authority and the establishment. (xvi) Explaining the responsibilities, rights, and authorities assigned by this rule to the: (AA) food employee; (BB) conditional employee; (CC) person in charge; and (DD) regulatory authority. (xvii) Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of employees. (b) For purposes of this section, a violation of subsection (a) is a PF item.